The concept of overall fairness is applicable in Malta to see whether there was a breach of the right to a fair hearing.
A recent Court of Appeal judgment clarifies the limits of an airspace owner’s right to build where underlying apartment owners enjoy rights over the roof
Reasonable time in criminal proceedings, is without delay
There is a distinction between civil and criminal proceedings when analysing...
There is a distinction between civil and criminal...
A fair trial includes on whether a judgement can be enforced
When examining whether there was a fair trial, a constitutional court will not...
When examining whether there was a fair trial, a...
Prescription period starts upon last entry of the account
A commercial account between two companies starts not when the order was...
A commercial account between two companies starts not when...
Penalties imposed on who issues needless warrants is a question of public order
The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not to allow the abuse of...
The Court has the discretion to impose a penalty on a party...
There is no judicial review for decisions refusing citizenship applications
The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review
The granting of citizenship is the Minister’s...
Appeals from arbitration awards are limited to legal points
The Court held that an appeal from an Arbitration award was inadmissible at law...
The Court held that an appeal from an Arbitration award was...
Maintenance must be paid until it is decided otherwise
An order to be maintenance must be followed even if there is a change of...
An order to be maintenance must be followed even if there...
Maintenance must be paid until it is decided otherwise
An order to be maintenance must be followed even if there is a change of...
An order to be maintenance must be followed even if there...
Lawyers’ obligations cease when company is struck off
A law firm engaged by shareholders to set up a company and other services cease...
A law firm engaged by shareholders to set up a company and...
Guarantees offering general and special hypothecs in favour of a bank, more than adequate security
The Court held that HSBC Bank Malta offer adequate security for the claims the bank has against the defendants
The Court held that HSBC Bank Malta offer...
Commercial leased properties must be made use of
A lease of a commercial premises will be terminated if it is not being made use...
A lease of a commercial premises will be terminated if it...
Filing late reply before Arbiter for Financial Services has consequences
The late submission of a reply before the Arbiter for Financial Services will not be considered as valid and the general procedural law applies
The late submission of a reply before the Arbiter for...
Court may not be competent to hear a counter-claim due to the sum claimed
A court may not be competent to hear a counter-claim because that claim is lower than the threshold in which the court may hear case
A court may not be competent to hear a counter-claim...
Usury may occur upon the promise of higher interest rates
The crime of usury take place even before the transaction, but upon the...
The crime of usury take place even before the transaction,...
There is no legal right to parking in front of one’s home
There is no legal right for anyone to object to road markings on the ground...
There is no legal right for anyone to object to road...
Evaluation of appeal is required to determine which declarations are res judicata
A decision of the Civil Court (Family Section) was overturned by the Court of Appeal by the judgment Sarah Gatt v. Jean Pierre Gatt delivered on the 26th...
A decision of the Civil Court (Family Section) was...
Constitutional proceedings can be initiated if there’s no effective and adequate remedy
This principle was reiterated in Ismail Issa v. Attorney General decided on the 26th November 2020 by the Civil Court, Constitutional Jurisdiction
This principle was reiterated in Ismail Issa v. Attorney...
Defence of insanity upheld
The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence
The Court must examine whether at the time of the...
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